[Congressional Record Volume 153, Number 30 (Friday, February 16, 2007)]
[Senate]
[Pages S2166-S2180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. GRASSLEY (for himself, Mr. Kennedy, Mr. Enzi, Mr.
Martinez, Mr. Akaka, Mrs. Dole, Mr. Brown, Mr. Lieberman, Mr.
Isakson, Mr. Nelson of Florida, and Ms. Landrieu):
S. 655. A bill to amend the Congressional Charter of The American
National Red Cross to modernize its governance structure, to enhance
the ability of the board of governors of The American National Red
Cross to support the critical mission of The American Red Cross in the
21st century, and for other purposes; to the Committee on the
Judiciary.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of
The American National Red Cross Governance Modernization Act of 2007 be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 655
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The American National Red
Cross Governance Modernization Act of 2007''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Substantive changes to the Congressional Charter of The
American National Red Cross have not been made since 1947.
(2) In February 2006, the board of governors of The
American National Red Cross (the ``Board of Governors'')
commissioned an independent review and analysis of the Board
of Governors' role, composition, size, relationship with
management, governance relationship with chartered units of
The American National Red Cross, and whistleblower and audit
functions.
(3) In an October 2006 report of the Board of Governors,
entitled ``American Red Cross Governance for the 21st
Century'' (the ``Governance Report''), the Board of Governors
recommended changes to the Congressional Charter, bylaws, and
other governing documents of The American National Red Cross
to modernize and enhance the effectiveness of the Board of
Governors and governance structure of The American National
Red Cross.
(4) It is in the national interest to create a more
efficient governance structure of The American National Red
Cross and to enhance the Board of Governors' ability to
support the critical mission of The American National Red
Cross in the 21st century.
(5) It is in the national interest to clarify the role of
the Board of Governors as a governance and strategic
oversight board and for The American National Red Cross to
amend its bylaws, consistent with the recommendations
described in the Governance Report, to clarify the role of
the Board of Governors and to outline the areas of its
responsibility, including--
(A) reviewing and approving the mission statement for The
American National Red Cross;
(B) approving and overseeing the corporation's strategic
plan and maintaining strategic oversight of operational
matters;
(C) selecting, evaluating, and determining the level of
compensation of the corporation's chief executive officer;
(D) evaluating the performance and establishing the
compensation of the senior leadership team and providing for
management succession;
(E) overseeing the financial reporting and audit process,
internal controls, and legal compliance;
(F) holding management accountable for performance;
(G) providing oversight of the financial stability of the
corporation;
(H) ensuring the inclusiveness and diversity of the
corporation;
(I) providing oversight of the protection of the brand of
the corporation; and
(J) assisting with fundraising on behalf of the
corporation.
(6)(A) The selection of members of the Board of Governors
is a critical component of effective governance for The
American National Red Cross, and, as such, it is in the
national interest that The American National Red Cross amend
its bylaws to provide a method of selection consistent with
that described in the Governance Report.
(B) The new method of selection should replace the current
process by which--
(i) 30 chartered unit-elected members of the Board of
Governors are selected by a non-Board committee which
includes 2 members of the Board of Governors and other
individuals elected by the chartered units themselves;
[[Page S2167]]
(ii) 12 at-large members of the Board of Governors are
nominated by a Board committee and elected by the Board of
Governors; and
(iii) 8 members of the Board of Governors are appointed by
the President of the United States.
(C) The new method of selection described in the Governance
Report reflects the single category of members of the Board
of Governors that will result from the implementation of this
Act:
(i) All Board members (except for the chairman of the Board
of Governors) would be nominated by a single committee of the
Board of Governors taking into account the criteria outlined
in the Governance Report to assure the expertise, skills, and
experience of a governing board.
(ii) The nominated members would be considered for approval
by the full Board of Governors and then submitted to The
American National Red Cross annual meeting of delegates for
election, in keeping with the standard corporate practice
whereby shareholders of a corporation elect members of a
board of directors at its annual meeting.
(7) The United States Supreme Court held The American
National Red Cross to be an instrumentality of the United
States, and it is in the national interest that the
Congressional Charter confirm that status and that any
changes to the Congressional Charter do not affect the rights
and obligations of The American National Red Cross to carry
out its purposes.
(8) Given the role of The American National Red Cross in
carrying out its services, programs, and activities, and
meeting its various obligations, the effectiveness of The
American National Red Cross will be promoted by the creation
of an organizational ombudsman who--
(A) will be a neutral or impartial dispute resolution
practitioner whose major function will be to provide
confidential and informal assistance to the many internal and
external stakeholders of The American National Red Cross;
(B) will report to the chief executive officer and the
audit committee of the Board of Governors; and
(C) will have access to anyone and any documents in The
American National Red Cross.
(b) Sense of Congress.--It is the sense of Congress that--
(1) charitable organizations are an indispensable part of
American society, but these organizations can only fulfill
their important roles by maintaining the trust of the
American public;
(2) trust is fostered by effective governance and
transparency, which are the principal goals of the
recommendations of the Board of Governors in the Governance
Report and this Act;
(3) Federal and State action play an important role in
ensuring effective governance and transparency by setting
standards, rooting out violations, and informing the public;
and
(4) while The American National Red Cross is and will
remain a Federally chartered instrumentality of the United
States, and it has the rights and obligations consistent with
that status, The American National Red Cross nevertheless
should maintain appropriate communications with State
regulators of charitable organizations and should cooperate
with them as appropriate in specific matters as they arise
from time to time.
SEC. 3. ORGANIZATION.
Section 300101 of title 36, United States Code, is
amended--
(1) in subsection (a), by inserting ``a Federally chartered
instrumentality of the United States and'' before ``a body
corporate and politic''; and
(2) in subsection (b), by inserting at the end the
following new sentence: ``The corporation may conduct its
business and affairs, and otherwise hold itself out, as the
`American Red Cross' in any jurisdiction.''.
SEC. 4. PURPOSES.
Section 300102 of title 36, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following paragraph:
``(5) to conduct other activities consistent with the
foregoing purposes.''.
SEC. 5. MEMBERSHIP AND CHAPTERS.
Section 300103 of title 36, United States Code, is
amended--
(1) in subsection (a), by inserting ``, or as otherwise
provided,'' before ``in the bylaws'';
(2) in subsection (b)(1)--
(A) by striking ``board of governors'' and inserting
``corporation''; and
(B) by inserting ``policies and'' before ``regulations
related''; and
(3) in subsection (b)(2)--
(A) by inserting ``policies and'' before ``regulations
shall require''; and
(B) by striking ``national convention'' and inserting
``annual meeting''.
SEC. 6. BOARD OF GOVERNORS.
Section 300104 of title 36, United States Code, is amended
to read as follows:
``Sec. 300104. Board of governors
``(a) Board of Governors.--
``(1) In general.--The board of governors is the governing
body of the corporation with all powers of governing and
directing, and of overseeing the management of the business
and affairs of, the corporation.
``(2) Number.--The board of governors shall fix by
resolution, from time to time, the number of members
constituting the entire board of governors, provided that--
``(A) as of March 31, 2009, and thereafter, there shall be
no fewer than 12 and no more than 25 members; and
``(B) as of March 31, 2012, and thereafter, there shall be
no fewer than 12 and no more than 20 members constituting the
entire board.
Procedures to implement the preceding sentence shall be
provided in the bylaws.
``(3) Appointment.--The governors shall be appointed or
elected in the following manner:
``(A) Chairman.--
``(i) In general.--The board of governors, in accordance
with procedures provided in the bylaws, shall recommend to
the President an individual to serve as chairman of the board
of governors. If such recommendation is approved by the
President, the President shall appoint such individual to
serve as chairman of the board of governors.
``(ii) Vacancies.--Vacancies in the office of the chairman,
including vacancies resulting from the resignation, death, or
removal by the President of the chairman, shall be filled in
the same manner described in clause (i).
``(iii) Duties.--The chairman shall be a member of the
board of governors and, when present, shall preside at
meetings of the board of governors and shall have such other
duties and responsibilities as may be provided in the bylaws
or a resolution of the board of governors.
``(B) Other members.--
``(i) In general.--Members of the board of governors other
than the chairman shall be elected at the annual meeting of
the corporation in accordance with such procedures as may be
provided in the bylaws.
``(ii) Vacancies.--Vacancies in any such elected board
position and in any newly created board position may be
filled by a vote of the remaining members of the board of
governors in accordance with such procedures as may be
provided in the bylaws.
``(b) Terms of Office.--
``(1) In general.--The term of office of each member of the
board of governors shall be 3 years, except that--
``(A) the board of governors may provide under the bylaws
that the terms of office of members of the board of governors
elected to the board of governors before March 31, 2012, may
be less than 3 years in order to implement the provisions of
subparagraphs (A) and (B) of subsection (a)(2); and
``(B) any member of the board of governors elected by the
board to fill a vacancy in a board position arising before
the expiration of its term may, as determined by the board,
serve for the remainder of that term or until the next annual
meeting of the corporation.
``(2) Staggered terms.--The terms of office of members of
the board of governors (other than the chairman) shall be
staggered such that, by March 31, 2012, and thereafter, \1/3\
of the entire board (or as near to \1/3\ as practicable)
shall be elected at each successive annual meeting of the
corporation with the term of office of each member of the
board of governors elected at an annual meeting expiring at
the third annual meeting following the annual meeting at
which such member was elected.
``(3) Term limits.--No person may serve as a member of the
board of governors for more than such number of terms of
office or years as may be provided in the bylaws.
``(c) Committees and Officers.--The board--
``(1) may appoint, from its own members, an executive
committee to exercise such powers of the board when the board
is not in session as may be provided in the bylaws;
``(2) may appoint such other committees or advisory
councils with such powers as may be provided in the bylaws or
a resolution of the board of governors;
``(3) shall appoint such officers of the corporation,
including a chief executive officer, with such duties,
responsibilities, and terms of office as may be provided in
the bylaws or a resolution of the board of governors; and
``(4) may remove members of the board of governors (other
than the chairman), officers, and employees under such
procedures as may be provided in the bylaws or a resolution
of the board of governors.
``(d) Advisory Council.--
``(1) Establishment.--There shall be an advisory council to
the board of governors.
``(2) Membership; appointment by president.--
``(A) In general.--The advisory council shall be composed
of no fewer than 8 and no more than 10 members, each of whom
shall be appointed by the President from principal officers
of the executive departments and senior officers of the Armed
Forces whose positions and interests qualify them to
contribute to carrying out the programs and purposes of the
corporation.
``(B) Members from the armed forces.--At least 1, but not
more than 3, of the members of the advisory council shall be
selected from the Armed Forces.
``(3) Duties.--The advisory council shall advise, report
directly to, and meet, at least 1 time per year with the
board of governors, and shall have such name, functions and
be subject to such procedures as may be provided in the
bylaws.
``(e) Action Without Meeting.--Any action required or
permitted to be taken at any meeting of the board of
governors or of any committee thereof may be taken without a
meeting if all members of the board or
[[Page S2168]]
committee, as the case may be, consent thereto in writing, or
by electronic transmission and the writing or writings or
electronic transmission or transmissions are filed with the
minutes of proceedings of the board or committee. Such filing
shall be in paper form if the minutes are maintained in paper
form and shall be in electronic form if the minutes are
maintained in electronic form.
``(f) Voting by Proxy.--
``(1) In general.--Voting by proxy is not allowed at any
meeting of the board, at the annual meeting, or at any
meeting of a chapter.
``(2) Exception.--The board may allow the election of
governors by proxy during any emergency.
``(g) Bylaws.--
``(1) In general.--The board of governors may--
``(A) at any time adopt bylaws; and
``(B) at any time adopt bylaws to be effective only in an
emergency.
``(2) Emergency bylaws.--Any bylaws adopted pursuant to
paragraph (1)(B) may provide special procedures necessary for
managing the corporation during the emergency. All provisions
of the regular bylaws consistent with the emergency bylaws
remain effective during the emergency.
``(h) Definitions.--For purposes of this section--
``(1) the term `entire board' means the total number of
members of the board of governors that the corporation would
have if there were no vacancies; and
``(2) the term `emergency' shall have such meaning as may
be provided in the bylaws.''.
SEC. 7. POWERS.
Paragraph (a)(1) of section 300105 of title 36, United
States Code, is amended by striking ``bylaws'' and inserting
``policies''.
SEC. 8. ANNUAL MEETING.
Section 300107 of title 36, United States Code, is amended
to read as follows:
``Sec. 300107. Annual meeting
``(a) In General.--The annual meeting of the corporation is
the annual meeting of delegates of the chapters.
``(b) Time of Meeting.--The annual meeting shall be held as
determined by the board of governors.
``(c) Place of Meeting.--The board of governors is
authorized to determine that the annual meeting shall not be
held at any place, but may instead be held solely by means of
remote communication subject to such procedures as are
provided in the bylaws.
``(d) Voting.--
``(1) In general.--In matters requiring a vote at the
annual meeting, each chapter is entitled to at least 1 vote,
and voting on all matters may be conducted by mail,
telephone, telegram, cablegram, electronic mail, or any other
means of electronic or telephone transmission, provided that
the person voting shall state, or submit information from
which it can be determined, that the method of voting chosen
was authorized by such person.
``(2) Establishment of number of votes.--
``(A) In general.--The board of governors shall determine
on an equitable basis the number of votes that each chapter
is entitled to cast, taking into consideration the size of
the membership of the chapters, the populations served by the
chapters, and such other factors as may be determined by the
board.
``(B) Periodic review.--The board of governors shall review
the allocation of votes at least every 5 years.''.
SEC. 9. ENDOWMENT FUND.
Section 300109 of title 36, United States Code is amended--
(1) by striking ``nine'' from the first sentence thereof;
and
(2) by striking the second sentence and inserting the
following: ``The corporation shall prescribe policies and
regulations on terms and tenure of office, accountability,
and expenses of the board of trustees.''.
SEC. 10. ANNUAL REPORT AND AUDIT.
Subsection (a) of section 300110 of title 36, United States
Code, is amended to read as follows:
``(a) Submission of Report.--As soon as practicable after
the end of the corporation's fiscal year, which may be
changed from time to time by the board of governors, the
corporation shall submit a report to the Secretary of Defense
on the activities of the corporation during such fiscal year,
including a complete, itemized report of all receipts and
expenditures.''.
SEC. 11. COMPTROLLER GENERAL OF THE UNITED STATES AND OFFICE
OF THE OMBUDSMAN.
(a) In General.--Chapter 3001 of title 36, United States
Code, is amended by redesignating section 300111 as section
300113 and by inserting after section 300110 the following
new sections:
``Sec. 300111. Authority of the Comptroller General of the
United States
``The Comptroller General of the United States is
authorized to review the corporation's involvement in any
Federal program or activity the Government carries out under
law.
``Sec. 300112. Office of the Ombudsman
``(a) Establishment.--The corporation shall establish an
Office of the Ombudsman with such duties and responsibilities
as may be provided in the bylaws or a resolution of the board
of governors.
``(b) Report.--The Office of the Ombudsman shall submit a
report annually to Congress concerning any trends and
systemic matters that the Office of the Ombudsman has
identified as confronting the corporation.''.
(b) Clerical Amendment.--The table of sections for chapter
3001 of title 36, United States Code, is amended by striking
the item relating to section 300111 and inserting the
following:
``300111. Authority of the Comptroller General of the United States.
``300112. Office of the Ombudsman.
``300113. Reservation of right to amend or repeal.''.
Mr. ENZI. Mr. President, I rise today to co-sponsor the American
National Red Cross Governance Modernization Act of 2007. This
legislation, a product of close cooperation with my colleagues Senator
Grassley and Senator Kennedy, seeks to create a more efficient
governance structure of the American Red Cross, and to enhance the
Board of Governors' ability to support the critical mission of the
American Red Cross in the 21st Century.
Charitable organizations are an indispensable part of American
society, but these organizations can only fulfill their important roles
by maintaining the trust of the American public. This trust is fostered
by effective governance and transparency, which are the principal goals
of this legislation. The role of the American Red Cross is one of vital
significance to the American people. The ability of the American Red
Cross to meet its responsibilities requires a governance structure that
reflects a need for clear mission and a culture of accountability.
This past October the American Red Cross Board of Governors announced
its unanimous support for a series of important changes to its charter
and business practice. The American National Red Cross Governance
Modernization Act of 2007 enables a number of those changes, including
clarifying the role of the Board of Governors as one of governance and
strategic oversight. As this bill facilitates these governance reforms,
the American Red Cross is expected to continue to implement amendments
to its bylaws consistent with those described in the Governance Report
to clarify further the role of the Board of Governors and to outline
areas of its responsibility.
This bill ensures that the American Red Cross will remain a federally
chartered instrumentality of the United States, and it has the rights
and obligations consistent with that status. Consistent with that
status Congress expects that the American Red Cross will maintain
appropriate communications with State regulators of charitable
organizations and to cooperate with them as appropriate in specific
matters as they arise from time to time.
Finally, we believe the effectiveness of the American Red Cross will
be promoted by the creation of a Red Cross ombudsman to be a dispute
resolution practitioner to provide confidential and informal assistance
to the many internal and external stakeholders of the American Red
Cross. The American Red Cross ombudsman will report to Congress, the
American Red Cross chief executive officer, and the audit committee of
the Board of Governors. The Red Cross ombudsman will have access to
anyone and any documents in the American Red Cross. This is an
important tool for improving processes and protections for those inside
the American Red Cross who wish to express concerns about the
organizations practices and procedures, and an important tool for
Congress in providing oversight of the activities of the American Red
Cross.
I urge my colleagues to vote for the American National Red Cross
Governance Modernization Act of 2007.
______
By Mr. REED (for himself, Mr. Roberts, Mr. Kennedy, Mr. Burr,
Mrs. Murray, Mr. Hatch, Mr. Brown, Mrs. Clinton, Mr. Isakson,
Mr. Bingaman, Ms. Collins, and Mr. Biden):
S. 657. A bill to amend the Public Health Service Act to add
requirements regarding trauma care, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, I am pleased to join my colleague, Senator
Roberts, along with Senators Kennedy, Burr, Murray, Clinton, Brown,
Bingaman, Collins, Isakson, and Biden in introducing the Trauma Care
Systems Planning and Development Act.
[[Page S2169]]
Our Nation's emergency medical system is a system on the brink. We
need to support and strengthen this essential component of our health
care system. The Trauma Care Systems Planning and Development Act is an
important building block to achieving an improved national network of
care across the country.
Unintentional injury is the leading cause of death among people
between the ages of 1 to 44 and in 2002, injuries were responsible for
161,000 deaths. In 2004, about 29.6 million people were treated for an
injury in U.S. hospital emergency departments, of which nearly 2
million injuries were severe enough to require hospitalization. Yet,
between 20,000 and 25,000 trauma deaths are preventable each year.
A trauma system is an organized, coordinated effort in a specific
area that delivers the full range of care to all injured patients. It
provides resources, supporting equipment, and personnel along a
continuum of care including pre-hospital, hospital, and rehabilitation
services. Trauma systems have been proven to reduce mortality rates and
provide efficient, cost-effective, and timely care. Since 1990, the
Federal Government, through Title XII of the Public Health Service Act,
has helped States and territories develop and implement regional and
statewide trauma care systems.
The legislation I am introducing today along with my colleagues will
reauthorize and reaffirm the Federal Government's commitment to trauma
care systems. It will also authorize additional resources for systems
planning and development, as well as improved data collection and
analysis and the inclusion of an Institute of Medicine study on the
state of trauma care and trauma research.
Trauma care is not only critical to providing timely access to
lifesaving interventions for persons suffering from serious
unintentional injuries, it is central to our national security and
disaster preparedness. The tragic events of September 11, 2001 and
Hurricanes Rita and Katrina serve as stark reminders of the potential
intentional and natural disasters that threaten our Nation. Trauma care
systems are an important element of our security and response efforts.
I look forward to working with my colleagues toward expeditious
passage of this legislation. I ask unanimous consent that the text of
the Trauma Care Systems Planning and Development Act be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 657
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trauma Care Systems Planning
and Development Act of 2007''.
SEC. 2. ESTABLISHMENT.
Section 1201 of the Public Health Service Act (42 U.S.C.
300d) is amended to read as follows:
``SEC. 1201. ESTABLISHMENT.
``(a) In General.--The Secretary shall, with respect to
trauma care--
``(1) conduct and support research, training, evaluations,
and demonstration projects;
``(2) foster the development of appropriate, modern systems
of such care through the sharing of information among
agencies and individuals involved in the study and provision
of such care;
``(3) collect, compile, and disseminate information on the
achievements of, and problems experienced by, State and local
agencies and private entities in providing trauma care and
emergency medical services and, in so doing, give special
consideration to the unique needs of rural areas;
``(4) provide to State and local agencies technical
assistance to enhance each State's capability to develop,
implement, and sustain the trauma care component of each
State's plan for the provision of emergency medical services;
``(5) sponsor workshops and conferences; and
``(6) promote the collection and categorization of trauma
data in a consistent and standardized manner.
``(b) Grants, Cooperative Agreements, and Contracts.--The
Secretary may make grants, and enter into cooperative
agreements and contracts, for the purpose of carrying out
subsection (a).''.
SEC. 3. CLEARINGHOUSE ON TRAUMA CARE AND EMERGENCY MEDICAL
SERVICES.
The Public Health Service Act (42 U.S.C. 201 et seq.) is
amended--
(1) by striking section 1202; and
(2) by redesignating section 1203 as section 1202.
SEC. 4. ESTABLISHMENT OF PROGRAMS FOR IMPROVING TRAUMA CARE
IN RURAL AREAS.
Section 1202 of the Public Health Service Act, as
redesignated by section 3(2), is amended to read as follows:
``SEC. 1202. ESTABLISHMENT OF PROGRAMS FOR IMPROVING TRAUMA
CARE IN RURAL AREAS.
``(a) In General.--The Secretary may make grants to public
and nonprofit private entities for the purpose of carrying
out research and demonstration projects with respect to
improving the availability and quality of emergency medical
services in rural areas--
``(1) by developing innovative uses of communications
technologies and the use of new communications technology;
``(2) by developing model curricula, such as advanced
trauma life support, for training emergency medical services
personnel, including first responders, emergency medical
technicians, emergency nurses and physicians, and
paramedics--
``(A) in the assessment, stabilization, treatment,
preparation for transport, and resuscitation of seriously
injured patients, with special attention to problems that
arise during long transports and to methods of minimizing
delays in transport to the appropriate facility; and
``(B) in the management of the operation of the emergency
medical services system;
``(3) by making training for original certification, and
continuing education, in the provision and management of
emergency medical services more accessible to emergency
medical personnel in rural areas through telecommunications,
home studies, providing teachers and training at locations
accessible to such personnel, and other methods;
``(4) by developing innovative protocols and agreements to
increase access to prehospital care and equipment necessary
for the transportation of seriously injured patients to the
appropriate facilities;
``(5) by evaluating the effectiveness of protocols with
respect to emergency medical services and systems; and
``(6) by increasing communication and coordination with
State trauma systems.
``(b) Special Consideration for Certain Rural Areas.--In
making grants under subsection (a), the Secretary shall give
special consideration to any applicant for the grant that
will provide services under the grant in any rural area
identified by a State under section 1214(d)(1).
``(c) Requirement of Application.--The Secretary may not
make a grant under subsection (a) unless an application for
the grant is submitted to the Secretary and the application
is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.''.
SEC. 5. COMPETITIVE GRANTS.
Part A of title XII of the Public Health Service Act, as
amended by section 3, is amended by adding at the end the
following:
``SEC. 1203. COMPETITIVE GRANTS FOR THE IMPROVEMENT OF TRAUMA
CARE.
``(a) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may make grants to States, political
subdivisions, or consortia of States or political
subdivisions for the purpose of improving access to and
enhancing the development of trauma care systems.
``(b) Use of Funds.--The Secretary may make a grant under
this section only if the applicant agrees to use the grant--
``(1) to integrate and broaden the reach of a trauma care
system, such as by developing innovative protocols to
increase access to prehospital care;
``(2) to strengthen, develop, and improve an existing
trauma care system;
``(3) to expand communications between the trauma care
system and emergency medical services through improved
equipment or a telemedicine system;
``(4) to improve data collection and retention; or
``(5) to increase education, training, and technical
assistance opportunities, such as training and continuing
education in the management of emergency medical services
accessible to emergency medical personnel in rural areas
through telehealth, home studies, and other methods.
``(c) Preference.--In selecting among States, political
subdivisions, and consortia of States or political
subdivisions for purposes of making grants under this
section, the Secretary shall give preference to applicants
that--
``(1) have developed a process, using national standards,
for designating trauma centers;
``(2) recognize protocols for the delivery of seriously
injured patients to trauma centers;
``(3) implement a process for evaluating the performance of
the trauma system; and
``(4) agree to participate in information systems described
in section 1202 by collecting, providing, and sharing
information.
``(d) Priority.--In making grants under this section, the
Secretary shall give priority to applicants that will use the
grants to focus on improving access to trauma care systems.
``(e) Special Consideration.--In awarding grants under this
section, the Secretary shall give special consideration to
projects that demonstrate strong State or local support,
including availability of non-Federal contributions.''.
[[Page S2170]]
SEC. 6. REQUIREMENT OF MATCHING FUNDS FOR FISCAL YEARS
SUBSEQUENT TO FIRST FISCAL YEAR OF PAYMENTS.
Section 1212 of the Public Health Service Act (42 U.S.C.
300d-12) is amended to read as follows:
``SEC. 1212. REQUIREMENT OF MATCHING FUNDS FOR FISCAL YEARS
SUBSEQUENT TO FIRST FISCAL YEAR OF PAYMENTS.
``(a) Non-Federal Contributions.--
``(1) In general.--The Secretary may not make payments
under section 1211(a) unless the State involved agrees, with
respect to the costs described in paragraph (2), to make
available non-Federal contributions (in cash or in kind under
subsection (b)(1)) toward such costs in an amount that--
``(A) for the second and third fiscal years of such
payments to the State, is not less than $1 for each $1 of
Federal funds provided in such payments for such fiscal
years; and
``(B) for the fourth and subsequent fiscal years of such
payments to the State, is not less than $2 for each $1 of
Federal funds provided in such payments for such fiscal
years.
``(2) Program costs.--The costs referred to in paragraph
(1) are--
``(A) the costs to be incurred by the State in carrying out
the purpose described in section 1211(b); or
``(B) the costs of improving the quality and availability
of emergency medical services in rural areas of the State.
``(3) Initial year of payments.--The Secretary may not
require a State to make non-Federal contributions as a
condition of receiving payments under section 1211(a) for the
first fiscal year of such payments to the State.
``(b) Determination of Amount of Non-Federal
Contribution.--With respect to compliance with subsection (a)
as a condition of receiving payments under section 1211(a)--
``(1) a State may make the non-Federal contributions
required in such subsection in cash or in kind, fairly
evaluated, including plant, equipment, or services; and
``(2) the Secretary may not, in making a determination of
the amount of non-Federal contributions, include amounts
provided by the Federal Government or services assisted or
subsidized to any significant extent by the Federal
Government.''.
SEC. 7. REQUIREMENTS WITH RESPECT TO CARRYING OUT PURPOSE OF
ALLOTMENTS.
Section 1213 of the Public Health Service Act (42 U.S.C.
300d-13) is amended to read as follows:
``SEC. 1213. REQUIREMENTS WITH RESPECT TO CARRYING OUT
PURPOSE OF ALLOTMENTS.
``(a) Trauma Care Modifications to State Plan for Emergency
Medical Services.--With respect to the trauma care component
of a State plan for the provision of emergency medical
services, the modifications referred to in section 1211(b)
are such modifications to the State plan as may be necessary
for the State involved to ensure that the plan provides for
access to the highest possible quality of trauma care, and
that the plan--
``(1) specifies that the modifications required pursuant to
paragraphs (2) through (11) will be implemented by the
principal State agency with respect to emergency medical
services or by the designee of such agency;
``(2) specifies a public or private entity that will
designate trauma care regions and trauma centers in the
State;
``(3) subject to subsection (b), contains national
standards and requirements of the American College of
Surgeons or another appropriate entity for the designation of
level I and level II trauma centers, and in the case of rural
areas level III trauma centers (including trauma centers with
specified capabilities and expertise in the care of pediatric
trauma patient), by such entity, including standards and
requirements for--
``(A) the number and types of trauma patients for whom such
centers must provide care in order to ensure that such
centers will have sufficient experience and expertise to be
able to provide quality care for victims of injury;
``(B) the resources and equipment needed by such centers;
and
``(C) the availability of rehabilitation services for
trauma patients;
``(4) contains standards and requirements for the
implementation of regional trauma care systems, including
standards and guidelines (consistent with the provisions of
section 1867 of the Social Security Act) for medically
directed triage and transportation of trauma patients
(including patients injured in rural areas) prior to care in
designated trauma centers;
``(5) subject to subsection (b), contains national
standards and requirements, including those of the American
Academy of Pediatrics and the American College of Emergency
Physicians, for medically directed triage and transport of
severely injured children to designated trauma centers with
specified capabilities and expertise in the care of the
pediatric trauma patient;
``(6) utilizes a program with procedures for the evaluation
of designated trauma centers (including trauma centers
described in paragraph (5)) and trauma care systems;
``(7) provides for the establishment and collection of data
in accordance with data collection requirements developed in
consultation with surgical, medical, and nursing specialty
groups, State and local emergency medical services directors,
and other trained professionals in trauma care, from each
designated trauma center in the State of a central data
reporting and analysis system--
``(A) to identify the number of severely injured trauma
patients and the number of deaths from trauma within trauma
care systems in the State;
``(B) to identify the cause of the injury and any factors
contributing to the injury;
``(C) to identify the nature and severity of the injury;
``(D) to monitor trauma patient care (including prehospital
care) in each designated trauma center within regional trauma
care systems in the State (including relevant emergency-
department discharges and rehabilitation information) for the
purpose of evaluating the diagnosis, treatment, and treatment
outcome of such trauma patients;
``(E) to identify the total amount of uncompensated trauma
care expenditures for each fiscal year by each designated
trauma center in the State; and
``(F) to identify patients transferred within a regional
trauma system, including reasons for such transfer and the
outcomes of such patients;
``(8) provides for the use of procedures by paramedics and
emergency medical technicians to assess the severity of the
injuries incurred by trauma patients;
``(9) provides for appropriate transportation and transfer
policies to ensure the delivery of patients to designated
trauma centers and other facilities within and outside of the
jurisdiction of such system, including policies to ensure
that only individuals appropriately identified as trauma
patients are transferred to designated trauma centers, and to
provide periodic reviews of the transfers and the auditing of
such transfers that are determined to be appropriate;
``(10) conducts public education activities concerning
injury prevention and obtaining access to trauma care;
``(11) coordinates planning for trauma systems with State
disaster emergency planning and bioterrorism hospital
preparedness planning; and
``(12) with respect to the requirements established in this
subsection, provides for coordination and cooperation between
the State and any other State with which the State shares any
standard metropolitan statistical area.
``(b) Certain Standards With Respect to Trauma Care Centers
and Systems.--
``(1) In general.--The Secretary may not make payments
under section 1211(a) for a fiscal year unless the State
involved agrees that, in carrying out paragraphs (3) through
(5) of subsection (a), the State will adopt standards for the
designation of trauma centers, and for triage, transfer, and
transportation policies, and that the State will, in adopting
such standards--
``(A) take into account national standards concerning that
outline resources for optimal care of the injured patient;
``(B) consult with medical, surgical, and nursing
speciality groups, hospital associations, emergency medical
services State and local directors, concerned advocates and
other interested parties;
``(C) conduct hearings on the proposed standards after
providing adequate notice to the public concerning such
hearing; and
``(D) beginning in fiscal year 2008, take into account the
model plan described in subsection (c).
``(2) Quality of trauma care.--The highest quality of
trauma care shall be the primary goal of State standards
adopted under this subsection.
``(3) Approval by the secretary.--The Secretary may not
make payments under section 1211(a) to a State if the
Secretary determines that--
``(A) in the case of payments for fiscal year 2008 and
subsequent fiscal years, the State has not taken into account
national standards, including those of the American College
of Surgeons, the American College of Emergency Physicians,
and the American Academy of Pediatrics, in adopting standards
under this subsection; or
``(B) in the case of payments for fiscal year 2008 and
subsequent fiscal years, the State has not, in adopting such
standards, taken into account the model plan developed under
subsection (c) .
``(c) Model Trauma Care Plan.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Trauma Care Systems Planning and
Development Act of 2007, the Secretary shall update the model
plan for the designation of trauma centers and for triage,
transfer, and transportation policies that may be adopted for
guidance by the State. Such plan shall--
``(A) take into account national standards, including those
of the American College of Surgeons, American College of
Emergency Physicians, and the American Academy of Pediatrics;
``(B) take into account existing State plans;
``(C) be developed in consultation with medical, surgical,
and nursing speciality groups, hospital associations,
emergency medical services State directors and associations,
and other interested parties; and
``(D) include standards for the designation of rural health
facilities and hospitals best able to receive, stabilize, and
transfer trauma patients to the nearest appropriate
designated trauma center, and for triage, transfer, and
transportation policies as they relate to rural areas.
``(2) Applicability.--Standards described in paragraph
(1)(D) shall be applicable to all rural areas in the State,
including both non-metropolitan areas and frontier areas that
[[Page S2171]]
have populations of less than 6,000 per square mile.
``(d) Rule of Construction With Respect to Number of
Designated Trauma Centers.--With respect to compliance with
subsection (a) as a condition of the receipt of a grant under
section 1211(a), such subsection may not be construed to
specify the number of trauma care centers designated pursuant
to such subsection.''.
SEC. 8. REQUIREMENT OF SUBMISSION TO SECRETARY OF TRAUMA PLAN
AND CERTAIN INFORMATION.
Section 1214 of the Public Health Service Act (42 U.S.C.
300d-14) is amended to read as follows:
``SEC. 1214. REQUIREMENT OF SUBMISSION TO SECRETARY OF TRAUMA
PLAN AND CERTAIN INFORMATION.
``(a) In General.--For each fiscal year, the Secretary may
not make payments to a State under section 1211(a) unless,
subject to subsection (b), the State submits to the Secretary
the trauma care component of the State plan for the provision
of emergency medical services, including any changes to the
trauma care component and any plans to address deficiencies
in the trauma care component.
``(b) Interim Plan or Description of Efforts.--For each
fiscal year, if a State has not completed the trauma care
component of the State plan described in subsection (a), the
State may provide, in lieu of such completed component, an
interim component or a description of efforts made toward the
completion of the component.
``(c) Information Received by State Reporting and Analysis
System.--The Secretary may not make payments to a State under
section 1211(a) unless the State agrees that the State will,
not less than once each year, provide to the Secretary the
information received by the State pursuant to section
1213(a)(7).
``(d) Availability of Emergency Medical Services in Rural
Areas.--The Secretary may not make payments to a State under
section 1211(a) unless--
``(1) the State identifies any rural area in the State for
which--
``(A) there is no system of access to emergency medical
services through the telephone number 911;
``(B) there is no basic life-support system; or
``(C) there is no advanced life-support system; and
``(2) the State submits to the Secretary a list of rural
areas identified pursuant to subparagraph (A) or, if there
are no such areas, a statement that there are no such
areas.''.
SEC. 9. RESTRICTIONS ON USE OF PAYMENTS.
Section 1215 of the Public Health Service Act (42 U.S.C.
300d-15) is amended to read as follows:
``SEC. 1215. RESTRICTIONS ON USE OF PAYMENTS.
``(a) In General.--The Secretary may not, except as
provided in subsection (b), make payments under section
1211(a) for a fiscal year unless the State involved agrees
that the payments will not be expended--
``(1) for any purpose other than developing, implementing,
and monitoring the modifications required by section 1211(b)
to be made to the State plan for the provision of emergency
medical services;
``(2) to make cash payments to intended recipients of
services provided pursuant to this section;
``(3) to purchase or improve real property (other than
minor remodeling of existing improvements to real property);
``(4) to satisfy any requirement for the expenditure of
non-Federal funds as a condition for the receipt of Federal
funds; or
``(5) to provide financial assistance to any entity other
than a public or nonprofit private entity.
``(b) Waiver.--The Secretary may waive a restriction under
subsection (a) only if the Secretary determines that the
activities outlined by the State plan submitted under section
1214(a)(1) by the State involved cannot otherwise be carried
out.''.
SEC. 10. REQUIREMENTS OF REPORTS BY STATES.
The Public Health Service Act (42 U.S.C. 201 et seq.) is
amended by striking section 1216.
SEC. 11. REPORT BY SECRETARY.
Section 1222 of the Public Health Service Act (42 U.S.C.
300d-22) is amended to read as follows:
``SEC. 1222. REPORT BY SECRETARY.
``Not later than October 1, 2008, the Secretary shall
report to the appropriate committees of Congress on the
activities of the States carried out pursuant to section
1211. Such report shall include an assessment of the extent
to which Federal and State efforts to develop systems of
trauma care and to designate trauma centers have reduced the
incidence of mortality, and the incidence of permanent
disability, resulting from trauma. Such report may include
any recommendations of the Secretary for appropriate
administrative and legislative initiatives with respect to
trauma care.''.
SEC. 12. FUNDING.
Section 1232 of the Public Health Service Act (42 U.S.C.
300d-32) is amended to read as follows:
``SEC. 1232. FUNDING.
``(a) Authorization of Appropriations.--For the purpose of
carrying out parts A and B, there are authorized to be
appropriated $12,000,000 for fiscal year 2008, $10,000,000
for fiscal year 2009, and $8,000,000 for each of the fiscal
years 2010 through 2012.
``(b) Reservation of Funds.--If the amount appropriated
under subsection (a) for a fiscal year is equal to or less
than $1,000,000, such appropriation is available only for
making grants under part A. If the amount so appropriated is
greater than $1,000,000, 50 percent of such appropriation
shall be made available for grants under part A and 50
percent shall be made available for grants under part B.
``(c) Allocation of Funds by Secretary.--
``(1) General authority.--For the purpose of carrying out
part A, the Secretary shall make available 10 percent of the
amounts appropriated for a fiscal year under subsection (a).
``(2) Rural grants.--For the purpose of carrying out
section 1202, the Secretary shall make available 10 percent
of the amounts appropriated for a fiscal year under
subsection (a).''.
SEC. 13. INSTITUTE OF MEDICINE STUDY.
Part E of title XII of the Public Health Service Act (20
U.S.C. 300d-51 et seq.) is amended by adding at the end the
following:
``SEC. 1254. INSTITUTE OF MEDICINE STUDY.
``(a) In General.--The Secretary shall enter into a
contract with the Institute of Medicine of the National
Academy of Sciences, or another appropriate entity, to
conduct a study on the state of trauma care and trauma
research.
``(b) Content.--The study conducted under subsection (a)
shall--
``(1) examine and evaluate the state of trauma care and
trauma systems research (including the role of Federal
entities in trauma research) on the date of enactment of this
section, and identify trauma research priorities;
``(2) examine and evaluate the clinical effectiveness of
trauma care and the impact of trauma care on patient
outcomes, with special attention to high-risk groups, such as
children, the elderly, and individuals in rural areas;
``(3) examine and evaluate trauma systems development and
identify obstacles that prevent or hinder the effectiveness
of trauma systems and trauma systems development;
``(4) examine and evaluate alternative strategies for the
organization, financing, and delivery of trauma care within
an overall systems approach; and
``(5) examine and evaluate the role of trauma systems and
trauma centers in preparedness for mass casualties.
``(c) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report containing the
results of the study conducted under this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $750,000 for
fiscal year 2008.''.
SEC. 14. RESIDENCY TRAINING PROGRAMS IN EMERGENCY MEDICINE.
Section 1251 of the Public Health Service Act (42 U.S.C.
300d-51) is amended to read as follows:
``SEC. 1251. RESIDENCY TRAINING PROGRAMS IN EMERGENCY
MEDICINE.
``(a) In General.--The Secretary may make grants to public
and nonprofit private entities for the purpose of planning
and developing approved residency training programs in
emergency medicine.
``(b) Identification and Referral of Domestic Violence.--
The Secretary may make a grant under subsection (a) only in
the applicant involved agrees that the training programs
under subsection (a) will provide education and training in
identifying and referring cases of domestic violence.
``(c) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $400,000 for each of the fiscal years 2008
though 2012.''.
SEC. 15. STATE GRANTS FOR CERTAIN PROJECTS.
Section 1252 of the Public Health Service Act (42 U.S.C.
300d-52) is amended in the section heading by striking
``DEMONSTRATION'' .
______
By Mrs. CLINTON (for herself, Ms. Snowe, and Mr. Cochran):
S. 661. A bill to establish kinship navigator programs, to establish
guardianship assistance payments for children, and for other purposes;
to the Committee on Finance.
Mrs. CLINTON. Mr. President, I am pleased to re-introduce the Kinship
Caregiver Support Act today with my friend and colleague, Senator
Olympia Snowe. The growth of kinship care is a phenomenon that is
quietly changing the face of the American family and creating new
challenges for our Nation's child welfare system. This bill would be a
huge help to kinship caregivers in New York and across the country.
Nationwide, now more than ever children are living in households
headed by grandparents and other relatives. In New York City alone,
there are over 245,000 adolescents already living in grandparent
households. Nationwide, an estimated 20,000 children living in foster
care could leave the system if Congress made subsidized guardianship
available to their families.
As caregivers who often become parents unexpectedly, these generous
family members face unique challenges to
[[Page S2172]]
successfully raising children. These challenges are physical, emotional
and of course, financial. Grandparents and other relatives raising
children often encounter a variety of unnecessary barriers, including
difficulties enrolling children in school, authorizing medical
treatment, maintaining their public housing leases, obtaining
affordable legal services, and accessing a variety of Federal benefits
and services. Almost one-fifth of grandparents responsible for their
grandchildren live in poverty.
The Kinship Caregiver Support Act attempts to address the full range
of difficulties facing kinship caregivers, by allowing relatives to
become formal guardians while receiving some financial assistance. This
bill will provide relative caregivers with the information and
assistance they need to thrive as non-traditional families.
First, the Act contains a ``subsidized guardianship provision'',
which will give States the option to use their Title IV-E funds to
provide payments to grandparents and other relatives who have assumed
legal guardianship of children they have cared for as foster parents.
The Act also establishes the Kinship Navigator Program, which will
provide families with the guidance they need to learn how to obtain
health care coverage for the children in their care, apply for housing
assistance, locate childcare, enroll children in school, and gain
access to other services.
Finally, this legislation will require States to notify grandparents
and other close relatives when children enter the foster care system.
Unfortunately, grandparents and other relatives often do not know when
their grandchildren or nieces and nephews come under the care of the
State. Notifying grandparents and other relatives when children enter
the foster care system will make it easier for families to stay
together.
So many grandparents and other relatives are making great personal
sacrifices to provide safe and loving homes for the children in their
care. It is my hope that my colleagues will join Senator Snowe and me
as we continue this fight for children and families.
______
By Mr. McCAIN:
S. 663. A bill to amend title 10, United States Code, to repeal the
statutory designation of beneficiaries of the $100,000 death gratuity
under section 1477 of title 10, United States Code, and to permit
members of the Armed Forces to designate in writing their beneficiaries
of choice in the event of their death while serving on active duty; to
the Committee on Armed Services.
Mr. McCAIN. Mr. President, today I am introducing legislation to fix
a serious problem that has recently come to light with respect to the
administration of the so-called Death Gratuity. The legislation is
designed to ensure that a service member can designate to whom a death
gratuity benefit is awarded.
Today's Washington Post includes an informative yet troubling article
describing the plight of the mother of Petty Officer Second Class Jaime
S. Jaenke, U. S. Navy, who died in Iraq in June 2006 as a result of an
IED attack. Petty Officer Jaenke was a member of the Navy Reserve and a
medic assigned to a Seabee Construction Battalion. She left behind a
young daughter, Kayla, who is in the care of Kayla's grandmother, Susan
Jaenke.
Regrettably, because of the manner in which death benefits are
administered, a hardship situation has been created for Mrs. Jaenke.
The article spells out that while the insurance proceeds have been set
aside by the State court for the benefit of Kayla, they have not yet
been made available. So in the meantime her grandmother is left trying
to make ends meet because she is not allowed to receive the gratuity
benefit that her daughter thought she would be providing, should the
service member's unfortunate death occur.
The article describes a very difficult situation for the person on
who Petty Officer Jaenke depended. The financial difficulties Mrs.
Jaenke is experiencing is due in part by confusion about how the death
gratuity benefit--a sum of $100,000--is being administered under law.
Under current law, the recipient of the $100,000 is dictated by the
statute. It provides that a benefit is first awarded to an existing
spouse. If there is no spouse, it then is provided to the children, and
so on. It's a scheme that was set up to permit speedy resolution of
what used to be a very modest benefit. In today's world, however, with
the complex needs of service members, it does not comport with the
realities of many of our service members and their families. It needs
to be changed.
The legislation I am introducing would replace the statutory order of
beneficiaries with provisions identical to that used to select
beneficiaries under the Servicemembers' Group Life Insurance--SGLI. The
bill would give service members the power to select precisely who will
receive the $100,00 death gratuity. It would require the Secretary of
Defense to, no later than April 1, 2007, to prepare regulations and
create election forms that will enable service members to designate who
will receive this benefit.
I hope we can move this legislation quickly and ensure that the
intentions of our service members regarding the well being of their
children and families can be carried out. We owe at least that much to
those who are giving their lives for our nation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 633
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH
GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE
ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) The death gratuity authorized under sections 1475 to
1480 of title 10, United States Code, was intended, when
originally enacted to provide an immediate cash payment to
assist survivors of deceased members of the Armed Forces to
meet their financial needs during the period immediately
following a member's death and before other survivor benefits
become available.
(2) The death gratuity, when first implemented in 1908,
amounted to six months of a service member's pay and, until
1991, could not exceed $3,000.
(3) However, following the attacks of September 11, 2001,
and the initiation of Operation Enduring Freedom and
Operation Iraqi Freedom, Congress determined that the death
benefits available to survivors of members of the Armed
Forces should be substantially increased.
(4) The National Defense Authorization Act for Fiscal Year
2006, which was enacted on January 6, 2006, as Public Law
109-163, increased the amount of the death gratuity to
$100,000, effective retroactively to October 7, 2001.
(5) Under section 1477 of title 10, United States Code, the
law authorizing the death gratuity, those living relatives of
deceased members of the Armed Forces who shall receive the
death gratuity are specifically designated. Service members
are not provided with the opportunity to make an election
choosing a beneficiary other than those set forth in section
1477 of title 10, United States Code.
(6) The increased death gratuity, in combination with
benefits available under the Servicemembers' Group Life
Insurance program, the Survivor Benefit Plan, and Dependency
and Indemnity Compensation provide significant support and
compensation to the next of kin of deceased members of the
Armed Forces. Individual members are best qualified to
determine who the beneficiaries for death benefits should be
and should be afforded the opportunity to make these
selections at appropriate times throughout military service
and particularly prior to mobilization or deployment to a
combat zone.
(7) Under the current system, many members of the Armed
Forces have designated individuals as beneficiaries for the
death gratuity in a manner not provided for by law. In these
cases, the wishes of these members regarding the disposition
of the death gratuity has in many cases not been implemented,
to the detriment of their children and other loved ones.
(b) Sense of Congress.--It is the sense of Congress that
all members of the Armed Forces should be given the
opportunity to affirmatively select who shall receive the
death gratuity and that the Secretary of Defense and the
Secretaries of the military departments should take prompt
action to afford members the opportunity to make an election
in writing about the disposition of the death gratuity
proceeds and to provide appropriate and timely counseling
about the manner in which the proceeds of the death gratuity
and other forms of insurance will be administered.
(c) Modification.--
(1) In general.--Subsection (a) of section 1477 of title
10, United States Code, is amended by striking all that
follows ``on the following list:'' and inserting the
following:
[[Page S2173]]
``(1) To any individual designated by the person in
writing.
``(2) If there is no person so designated, to the surviving
spouse of the person.
``(3) If there is none of the above, to the children (as
prescribed by subsection (b)) of the person and the
descendants of any deceased children by representation.
``(4) If there is none of the above, to the parents (as
prescribed by subsection (c)) of the person or the survivor
of them.
``(5) If there is none of the above, to the duly appointed
executor or administrator of the estate of the person.
``(6) If there is none of the above, to other next of kin
of the person entitled under the laws of domicile of the
person at the time of the person's death.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by striking ``Subsection (a)(2)'' in
the matter preceding paragraph (1) and inserting ``Subsection
(a)(3)'';
(B) by striking (c) and inserting the following new
subsection (c):
``(c) For purposes of subsection (a)(4), parents include
fathers and mothers through adoption. However, only one
father and one mother may be recognized in any case, and
preference shall be given to those who exercised a parental
relationship on the date, or most nearly before the date, on
which the decedent entered a status described in section 1475
or 1476 of this title.''; and
(C) by striking subsection (d).
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(4) Applicability.--Notwithstanding paragraph (3), the
provisions of section 1477 of title 10, United States Code,
as in effect on the day before the date of the enactment of
this Act, shall continue to apply to each member of the Armed
Forces covered by such section until the earlier of the
following--
(A) the date on which such member makes the designation
contemplated by paragraph (1) of section 1477(a) of such
title (as amended by paragraph (1) of this subsection); or
(B) January 1, 2008.
(d) Regulations.--
(1) In general.--Not later than April 1, 2007, the
Secretary of Defense shall prescribe regulations to implement
the amendments to section 1477 of title 10, United States
Code, made by subsection (c).
(2) Elements.--The regulations required by paragraph (1)
shall include forms for the making of the designation
contemplated by paragraph (1) of section 1477(a) of title 10,
United States Code (as amended by subsection (c)), and
instructions for members of the Armed Forces in the filling
out of such forms.
______
By Mr. BOND (for himself and Mrs. Clinton):
S. 667. A bill to expand programs of early childhood home visitation
that increase school readiness, child abuse and neglect prevention, and
early identification of developmental and health delays, including
potential mental health concerns, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. BOND. Mr. President, I ask unanimous consent, on behalf of myself
and Senator Hillary Rodham Clinton, that the text of the Education
Begins at Home Act be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 667
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Begins at Home
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the home is the first and most important learning
environment for children, and parents are their children's
first and most influential teacher;
(2) through parent education and family support, we can
promote parents' ability to enhance their children's
development from birth until entry into kindergarten thereby
helping parents to prepare their children for success in
school;
(3) undiagnosed and unaddressed developmental and health
problems can impede overall child development and school
readiness;
(4) all parents deserve and can benefit from--
(A) research-based information regarding child development;
(B) enrichment opportunities with their children; and
(C) early opportunities to become involved with their
community and schools; and
(5) early childhood home visitation leads to positive
outcomes for children and families, including readiness for
school, improved child health and development, positive
parenting practices, and reductions in child maltreatment.
(b) Purposes.--The purposes of this Act are as follows:
(1) To enable States to deliver services under early
childhood home visitation programs to pregnant women and
parents of children from birth until entry into kindergarten
in order to promote parents' ability to support their
children's optimal cognitive, language, social-emotional, and
physical development.
(2) To improve Early Head Start programs carried out under
section 645A of the Head Start Act (42 U.S.C. 9840a).
(3) To expand early childhood home visitation programs so
as to more effectively reach and serve families with English
language learners.
(4) To expand early childhood visitation programs so as to
more effectively reach and serve families serving in the
military.
(5) To establish a public education and awareness campaign
concerning the importance of the proper care of infants and
young children.
(6) To make available for parents of newborn children
parenting classes that convey information about the
importance of proper care for newborns, including information
about symptoms of abusive head and other injuries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible family.--The term ``eligible family'' means--
(A) a woman who is pregnant, and the father of the child if
the father is available; or
(B) a parent or primary caregiver of a child, including
grandparents or other relatives of the child, and foster
parents, who are serving as the primary caregiver from birth
until entry into kindergarten, including a noncustodial
parent during periods in which such noncustodial parent is
physically caring for such child.
(2) Home visitation.--The term ``home visitation'' means
services provided in the permanent or temporary residence, or
in a mutually agreed upon location in the community, of the
individual receiving such services.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (52 U.S.C.
450(b)(e)).
(4) Secretary.--Except as provided in section 7, the term
``Secretary'' means the Secretary of Health and Human
Services.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
(6) Territories and possessions.--The term ``territories
and possessions'' means American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, and the United States
Virgin Islands.
(7) Tribal organization.--The term ``tribal organization''
has the meaning given such term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 4. STATE GRANTS FOR EARLY CHILDHOOD HOME VISITATION.
(a) Authorization.--The Secretary, in collaboration with
the Secretary of Education, shall make grants to States to
enable such States to establish or expand quality programs of
early childhood home visitation, as specified under
subsection (f). Each grant shall consist of the allotment
determined for a State under subsection (b).
(b) Determination of Reservations; Amount of Allotments;
Authorization of Appropriations.--
(1) Reservations from appropriations.--From the total
amount made available to carry out this section for a fiscal
year, the Secretary shall reserve--
(A) 3 percent for an independent evaluation of the
activities carried out under this Act, as specified in
section 8;
(B) not more than 3 percent for Federal administrative
costs;
(C) 2 percent for training and technical assistance for
States;
(D) not more than 2 percent for payments to Indian tribes
and tribal organizations with applications approved under
this section; and
(E) not more than 0.5 percent for payments to territories
and possessions with applications approved under this
section.
(2) State allotments for early childhood home visitation.--
(A) In general.--In accordance with subparagraph (B), the
Secretary shall allot among each of the eligible States the
total amount made available to carry out this section for any
fiscal year and not reserved under paragraph (1), to carry
out early childhood home visitation in accordance with this
section.
(B) Determination of state allotments.--
(i) In general.--Subject to clause (ii), the Secretary
shall allot the amount made available under subparagraph (A)
for a fiscal year among the States in proportion to the
number of children, aged from birth to 5 years, who reside
within the State, compared to the number of such individuals
who reside in all such States for that fiscal year.
(ii) Exception.--No State receiving an allotment under
clause (i) may receive more than $20,000,000.
(3) Indian tribes, tribal organizations, territories and
possessions.--
(A) Indian tribes and tribal organizations.--From amounts
reserved for each fiscal year under paragraph (1)(D), the
Secretary shall make payments to each Indian tribe or tribal
organizations with an application approved under this section
in an amount determined in accordance with the respective
needs described in the application.
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(B) Territories and possessions.--From amounts reserved for
each fiscal year under paragraph (1)(E), the Secretary shall
make payments to each territory and possession with an
application approved under this section in an amount
determined in accordance with the respective needs described
in the application.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $400,000,000 for
the period of fiscal years 2008 through 2010.
(c) Grant Applications.--
(1) State applications.--A State that desires to receive a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The application
shall contain the following information:
(A) An assurance that the Governor of the State has
designated a lead State agency, such as the State educational
agency or the State health and human services agency, to
carry out the activities under this section.
(B) An assurance that the State will reserve 3 percent of
such grant for evaluation and will participate in the
independent evaluation under section 8.
(C) An assurance that the State will reserve 10 percent of
the grant funds for training and technical assistance of
staff of programs of early childhood home visitation.
(D) An assurance that the State will authorize child care
resource and referral agencies to refer parents seeking home
visitation services.
(E) The results of a statewide needs assessment that
describes--
(i) the quality and capacity of existing programs of early
childhood home visitation in the State;
(ii) the number and types of eligible families who are
receiving services under such programs; and
(iii) the gaps in early childhood home visitation in the
State.
(F) A State plan containing the following:
(i) A description of the State's strategy to establish or
expand quality programs of early childhood home visitation to
serve all eligible families in the State.
(ii) A description of the quality programs of early
childhood home visitation that will be supported by a grant
under this section.
(iii) A description of how the proposed program of early
childhood home visitation will promote positive parenting
skills and children's early learning and development.
(iv) A description of how the proposed program of early
childhood home visitation will incorporate the authorized
activities described in subsection (f).
(v) How the lead State agency will build on and promote
coordination among existing programs of early childhood home
visitation in an effort to promote an array of home
visitation that ensures more eligible families are being
served and are getting the most appropriate services to meet
their needs.
(vi) How the lead State agency will promote channels of
communication between staff of programs of early childhood
home visitation and staff of other early childhood education
programs, such as Head Start programs carried out under the
Head Start Act (42 U.S.C. 9831 et seq.) and Early Head Start
programs carried out under section 645A of such Act,
preschool programs, and child care programs, to facilitate
the coordination of services for eligible families.
(vii) How the lead State agency will provide training and
technical assistance to staff of programs of early childhood
home visitation involved in activities under this section to
more effectively meet the needs of the eligible families
served with sensitivity to cultural variations in parenting
norms and attitudes toward formal support services.
(viii) How the lead State agency will evaluate the
activities supported under this section in order to
demonstrate outcomes related to the enhancement of--
(I) parent knowledge of early learning and development;
(II) child health, cognitive, language, social-emotional,
and physical development indicators; and
(III) child maltreatment indicators for child abuse and
neglect prevention.
(IV) School readiness indicators.
(V) Links to community services.
(ix) A description of how the lead State agency will ensure
that the home visitation programs will conduct outreach
activities to target both mothers and fathers, and increase
father involvement where appropriate.
(x) A description of how the lead State agency will
increase home visitation programs participation rates for
fathers.
(xi) A description of how the lead State agency will ensure
that services are made available under the program to
grandparents, other relatives or foster parents, of a child
from birth through age 5 who serve as the primary caregiver
of the child.
(G) Such other information as the Secretary may require.
(2) Indian tribes, tribal organizations, territories and
possessions.--
(A) In general.--An Indian tribe, tribal organization,
territory, or possession that desires to receive a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The application
shall contain the information described in paragraph (1) with
respect to the applicant entity.
(B) Approval.--The Secretary may approve an application
submitted under subparagraph (A) based on the quality of the
information contained in the application.
(C) Exemptions.--The Secretary may exempt an applicant
under subparagraph (A) from any requirement of this section
if the Secretary determines that the application of such
requirements would be inappropriate taking into consideration
the resources, needs, and other circumstances of the
applicant entity. This subparagraph shall not apply to the
requirements described in subsections (f)(1) and (h).
(d) Approval of Applications.--
(1) Recommendation of panel.--
(A) In general.--The Secretary shall approve an application
under this section based on the recommendations of a peer
review panel, as described in paragraph (2).
(B) Selection criteria.--A peer review panel shall
determine which applicants to recommend for approval, for
purposes of subparagraph (A), based on the quality of the
application submitted. Consideration shall be given by the
panel to the inclusion of applicants, to the extent
practicable, that have the ability to incorporate comparison
or control groups in their service deliver model, recognizing
that universal access to home visitation services, among
other factors, may prevent some quality programs from
conducting such evaluation.
(2) Peer review panel.--The peer review panel shall include
not less than--
(A) 3 individuals who are experts in the field of home
visitation;
(B) 2 individuals who are experts in early childhood
development;
(C) 1 individual with experience implementing a statewide
program of early childhood home visitation;
(D) 1 individual who is a board certified pediatrician or a
developmental pediatrician; and
(E) 1 individual with experience in administering public or
private (including community-based) child maltreatment
prevention programs.
(e) Duration of Grants.--Grants made under this section
shall be for a period of no more than 3 years.
(f) State Uses of Funds.--Each State that receives a grant
under this section shall--
(1) provide to as many eligible families in the State as
practicable, voluntary early childhood home visitation, on
not less frequently than a monthly basis with greater
frequency of services for those eligible families identified
with additional needs, through the implementation of quality
programs of early childhood home visitation that--
(A) adopts a clear, consistent model that is grounded in
empirically-based knowledge related to home visiting and
linked to program-determined outcomes;
(B) employs well-trained and competent staff, as
demonstrated by education or training, and the provision of
ongoing and specific training on the model being delivered;
(C) maintains high quality supervision to establish home
visitor competencies;
(D) demonstrates strong organizational capacity to
implement the program involved;
(E) establishes appropriate linkages and referral networks
to other community resources and supports;
(F) monitors fidelity of program implementation to ensure
that services are delivered pursuant to the specified model;
(G) are research-based, that provide parents with--
(i) knowledge of age appropriate child development in
cognitive, language, social-emotional, and motor domains;
(ii) knowledge of realistic expectations of age-appropriate
child behaviors;
(iii) knowledge of health and wellness issues for children
and parents;
(iv) modeling and consulting services related to parenting;
(v) skills to interact with their child to enhance age-
appropriate development;
(vi) skills to recognize and seek help for health issues
and developmental delays, and social, emotional, and
behavioral skills;
(vii) activities designed to help parents become full
partners in the education of their children; and
(viii) relevant information, consistent with State child
welfare agency training, concerning child welfare and
protective services resources if appropriate;
(H) ascertain which developmental services the family
receives and work with service providers to eliminate gaps in
services by offering annual health, vision, hearing, and
developmental screening for children from birth until entry
into kindergarten, when not otherwise provided;
(I) provide referrals for eligible families, as needed, to
additional resources available in the community, such as
center-based early education programs, child care services,
health or mental health services, family literacy programs,
employment agencies, social services, and child care resource
and referral agencies;
(J) offer group meetings (at the discretion of the program
involved) for eligible families that--
(i) further enhance the information, activities, and skill-
building addressed during home visitation; and
(ii) offer opportunities for parents to meet with and
support each other;
(K) reserve 10 percent of the grant funds to provide
training and technical assistance, directly or through
contract, to early childhood home visitation and early
childhood care and education staff relating to--
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(i) effective methods of conducting parent education, home
visiting, and promoting quality early childhood development;
(ii) the relationship of health and well-being of pregnant
women to prenatal and early childhood development;
(iii) early childhood development with respect to children
from birth until entry into kindergarten;
(iv) methods to help parents promote emergent literacy in
their children from birth until entry into kindergarten;
(v) health, vision, hearing, and developmental screenings;
(vi) strategies for helping eligible families with special
needs or those eligible families coping with crisis;
(vii) recruiting, supervising, and retaining qualified
staff;
(viii) increasing services for underserved populations;
(ix) methods to help parents effectively respond to their
children's needs and behaviors; and
(x) implementation of ongoing program quality improvement
and evaluation of activities and outcomes;
(L) ensure coordination of programs of early childhood home
visitation, early childhood education and care, and early
intervention, through an existing or created State-level
early childhood coordinating body that includes--
(i) representatives from relevant State agencies, including
the State agency responsible for carrying out the plan under
section 106 of the Child Abuse Prevention and Treatment Act;
(ii) representatives from State Head Start Associations;
(iii) the State official with responsibility for carrying
out activities under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.);
(iv) the State official with responsibility for carrying
out activities under section 619 of the Individuals with
Disabilities Education Act (20 U.S.C. 1419);
(v) representatives from child care resource and referral
State offices;
(vi) representatives from quality programs of early
childhood home visitation; and
(vii) a board certified pediatrician or a developmental
pediatrician; and
(M) not expend more than 5 percent of the amount of grant
funds received under this section for the administration of
the grant, including planning, administration, evaluation,
and annual reporting.
(g) Maintenance of Effort.--A State is entitled to receive
its full allotment of funds under this section for any fiscal
year if the Secretary finds that the aggregate expenditures
within the State for quality programs of early childhood home
visitation, for the fiscal year preceding the fiscal year for
which the determination is made was not less than 100 percent
of such aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is
made.
(h) Reporting Requirements.--Each State that receives a
grant under this section shall submit an annual report to the
Secretary regarding the State's progress in addressing the
purposes of this Act. Such report shall include, at a
minimum, a description of--
(1) the actual services delivered under the grant,
including--
(A) the program characteristics, including descriptive
information on the service models used and the actual program
performance;
(B) the characteristics of the providers involved,
including staff qualifications, work experience, and
demographic characteristics; and
(C) the characteristics of the recipient of services under
the program, including the number of recipients, their
demographic characteristics, and family retention;
(2) recipient outcomes that are consistent with program
goals, including, where appropriate based on the outcomes
being evaluated a description of--
(A) affected parental practices;
(B) child health, cognitive, language, social-emotional,
and physical developmental indicators;
(C) child maltreatment indicators, including prevention
strategies;
(D) school readiness indicators; and
(E) links to community services;
(3) the research-based instruction, materials, and
activities being used in the activities funded under the
grant;
(4) the effectiveness of the training and ongoing
professional development provided--
(A) to staff supported under the grant; and
(B) to the broader early childhood community;
(5) beginning at the end of the second year of the grant,
the results of evaluations described in subsection (c)(4)(G);
and
(6) the annual program implementation costs, including the
cost for each family served under the program.
SEC. 5. STRENGTHENING EARLY HEAD START HOME VISITATION.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is
amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``provide services to
parents to support their role as parents'' and inserting
``provide additional services to parents to support their
role as parents (including training in parenting skills,
basic child development, and sensitivity to cultural
variations in parenting norms and attitudes toward formal
supports)'';
(B) in paragraph (5)--
(i) by inserting ``(including home-based services)'' after
``with services''; and
(ii) by inserting ``, and family support services'' after
``health services'';
(C) by redesignating paragraphs (7), (8), and (9) as
paragraphs (9), (10), and (11), respectively; and
(D) by inserting after paragraph (6) the following:
``(7) develop and implement a systematic procedure for
transitioning children and parents from an Early Head Start
program into a Head Start program or another local early
childhood education program;
``(8) establish channels of communication between staff of
Early Head Start programs and staff of Head Start programs or
other local early childhood education programs, to facilitate
the coordination of programs;'';
(2) in subsection (g)(2)(B), by striking clause (iv) and
inserting the following:
``(iv) providing professional development and personnel
enhancement activities, including the provision of funds to
recipients of grants under subsection (a), relating to
effective methods of conducting parent education, home
visiting, and promoting quality early childhood
development.''; and
(3) by adding at the end the following:
``(h) Staff Qualifications and Development.--
``(1) Home visitor staff.--
``(A) Standards.--In order to further enhance the quality
of home visiting services provided to families of children
participating in home-based, center-based, or combination
program options under this subchapter, the Secretary shall
establish standards for training, qualifications, and the
conduct of home visits for home visitor staff in Early Head
Start programs.
``(B) Contents.--The standards for training,
qualifications, and the conduct of home visits shall include
content related to--
``(i) structured child-focused home visiting that promotes
parents' ability to support the child's cognitive, social,
emotional, and physical development;
``(ii) effective strengths-based parent education,
including methods to encourage parents as their child's first
teachers;
``(iii) early childhood development with respect to
children from birth through age 3;
``(iv) methods to help parents promote emergent literacy in
their children from birth through age 3;
``(v) ascertaining what health and developmental services
the family involved receives and working with the service
providers to eliminate gaps in services by offering annual
health, vision, hearing, and developmental screenings for
children from birth through entry into kindergarten, when
needed;
``(vi) strategies for helping families coping with crisis;
and
``(vii) the relationship of health and well-being of
pregnant women to prenatal and early child development.''.
SEC. 6. TARGETED GRANTS FOR EARLY CHILDHOOD HOME VISITATION
FOR FAMILIES WITH ENGLISH LANGUAGE LEARNERS.
(a) In General.--The Secretary, in collaboration with the
Secretary of Education, shall make grants, on a competitive
basis, to eligible applicants to enable such applicants to
support and expand local efforts to deliver services under
quality programs of early childhood home visitation, to
eligible families with English language learners.
(b) Eligible Applicant.--In this section, the term
``eligible applicant'' means--
(1) 1 or more local educational agencies (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)); and
(2) 1 or more public or private community-based
organizations or agencies that serve eligible families and
are capable of establishing and implementing programs of
early childhood home visitation.
(c) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
The application shall include a description of--
(1) the results of a community wide needs assessment that
describes--
(A) community demographics demonstrating the need for
outreach and services to eligible families with English
language learners;
(B) the quality, capacity, and existing programs of early
childhood home visitation for eligible families with English
language learners;
(C) the gaps in programs of early childhood home visitation
for eligible families with English language learners; and
(D) the type of program of early childhood home visitation
necessary to address the gaps identified;
(2) the program of early childhood home visitation that
will be supported by the grant under this section;
(3) how the proposed program of early childhood home
visitation will promote positive parenting skills and
children's early learning and development;
(4) how the proposed program of early childhood home
visitation will incorporate the authorized activities
described in subsection (f);
(5) how services provided through a grant under this
section will use materials that are geared toward eligible
families with English language learners;
[[Page S2176]]
(6) how the activities under this section will build upon
and promote coordination among existing programs of early
childhood home visitation, if such programs exist in the
community, in an effort to promote an array of home
visitation that ensures more eligible families with English
language learners are being served and are getting the most
appropriate services to meet their needs;
(7) how the program will ensure that--
(A) eligible families with English language learners are
linked to schools; and
(B) the activities under this section will support the
preparation of children for school;
(8) how channels of communication will be established
between staff of programs of early childhood home visitation
and staff of other early childhood education programs, such
as Head Start programs carried out under the Head Start Act
(42 U.S.C. 9831 et seq.) and Early Head Start programs
carried out under section 645A of such Act, preschool
programs, and child care programs, to facilitate the
coordination of services for eligible families with English
language learners;
(9) how eligible families with English language learners
will be recruited and retained to receive services under this
section;
(10) how training and technical assistance will help the
staff of programs of early childhood home visitation involved
in activities under this section to more effectively serve
eligible families with English language learners;
(11) how the eligible applicant will evaluate the
activities supported under this section in order to
demonstrate outcomes related to the--
(A) increase in number of eligible families with English
language learners served by programs of early childhood home
visitation;
(B) enhancement of participating parents' knowledge of
early learning and development;
(C) enhancement of positive parenting practices related to
early learning and development; and
(D) enhancement of children's cognitive, language, social-
emotional, and physical development; and
(12) such other information as the Secretary may require.
(d) Approval of Applications.--
(1) In general.--The Secretary shall select applicants for
funding under this section based on the quality of the
applications and the recommendations of a peer review panel,
as described in paragraph (2).
(2) Peer review panel.--The peer review panel shall include
not less than--
(A) 2 individuals who are experts in the field of home
visitation;
(B) 2 individuals who are experts in early childhood
development;
(C) 2 individuals who are experts in serving eligible
families with English language learners;
(D) 1 individual who is a board certified pediatrician or a
developmental pediatrician; and
(E) 1 individual with experience in administering public or
private (including community-based) child maltreatment
prevention programs.
(e) Duration of Grants.--Grants made under this section
shall be for a period of no more than 3 years.
(f) Authorized Activities.--Each eligible applicant that
receives a grant under this section shall carry out the
following activities:
(1) Providing to as many eligible families with English
language learners as practicable, voluntary early childhood
home visitation, on not less frequently than a monthly basis,
through the implementation of other quality programs of early
childhood home visitation that are research-based, that
provide parents with--
(A) knowledge of age appropriate child development in
cognitive, language, social-emotional, and motor domains;
(B) knowledge of realistic expectations of age-appropriate
child behaviors;
(C) knowledge of health and wellness issues for children
and parents;
(D) modeling, consulting, and coaching on parenting
practices;
(E) skills to interact with their child to enhance age-
appropriate development;
(F) skills to recognize and seek help for health issues and
developmental delays, and social, emotional, and behavioral
skills; and
(G) activities designed to help parents become full
partners in the education of their children.
(2) Activities to ascertain what health and developmental
services families receive and working with service providers
to eliminate gaps in service by offering an annual health,
vision, hearing, and developmental screening for children
from birth through their entry into kindergarten.
(3) Providing referrals for participating eligible families
with English language learners, as needed, to additional
resources available in the community, such as center-based
early education programs, child care services, health or
mental health services, family literacy programs, employment
agencies, social services, and child care resource and
referral agencies.
(4) Offering group meetings (at program discretion), on not
less frequently than a monthly basis, for eligible families
with English language learners that--
(A) further enhance the information, activities, and skill-
building addressed during home visitation;
(B) offer opportunities for parents to meet with and
support each other; and
(C) address challenges facing eligible families with
English language learners.
(5) Providing training and technical assistance to early
childhood home visitation and early childhood care and
education staff relating to--
(A) effective service to eligible families with English
language learners, including skills to address challenges
facing English language learners;
(B) effective methods of implementing parent education,
conducting home visitation, and promoting quality early
childhood development, with sensitivity to cultural
variations in parenting norms and attitudes toward formal
support services;
(C) the relationship of health and well-being of pregnant
women to prenatal and early child development;
(D) early childhood development with respect to children
from birth until entry into kindergarten;
(E) methods to help parents promote emergent literacy in
their children from birth until entry into kindergarten;
(F) implementing strategies for helping eligible families
with English language learners coping with a crisis;
(G) recruiting, supervising, and retaining qualified staff;
(H) increasing services for underserved eligible families
with English language learners;
(I) methods to help parents effectively respond to their
children's needs and behaviors; and
(J) implementation of ongoing program quality improvement
and evaluation of activities and outcomes.
(6) Coordinating existing programs of early childhood home
visitation in order to effectively and efficiently meet the
needs of more eligible families with English language
learners.
(g) Reporting Requirements.--The recipient of a grant under
this section shall submit to the Secretary an annual report
concerning the progress of the program conducted by the
recipient in addressing the purposes of this Act. Each such
report shall, at a minimum, include a description of--
(1) the actual service delivery provided for under the
grant, including--
(A) program characteristics that include descriptive
information on the service model used under the program and
actual program performance;
(B) the characteristics of service providers under the
program that include staff qualifications, work experience,
and demographic characteristics;
(C) the characteristics of recipients of services under the
program that include the number, demographic characteristics,
and family retention under the program; and
(D) an estimate of the annual program implementation costs;
(2) with respect to recipients of services under the
program, whether such services were provided in a manner
consistent with program goals including, where appropriate--
(A) parental practices;
(B) child health and development indicators;
(C) child maltreatment indicators;
(D) school readiness indicators; and
(E) links to community services;
(3) the research-based instruction, materials, and
activities being used in the activities conducted under the
program; and
(4) the effectiveness of the training and ongoing
professional development provided--
(A) to the staff supported under the program; and
(B) to the affected early childhood community.
(h) Supplement Not Supplant.--Grant funds provided under
this section shall be used to supplement, and not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this section.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
the period of fiscal years 2008 through 2010.
SEC. 7. TARGETED GRANTS FOR EARLY CHILDHOOD HOME VISITATION
FOR MILITARY FAMILIES.
(a) In General.--The Secretary of Defense, in collaboration
with the Secretary of Education, shall make grants, on a
competitive basis, to eligible applicants to enable such
applicants to support and expand efforts to deliver services
under quality programs of early childhood home visitation, to
eligible families with a family member in the Armed Forces.
(b) Eligible Applicant.--In this section, the term
``eligible applicant'' means any of the following:
(1) A local educational agency that receives payments under
title VIII of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7701 et seq.).
(2) A school of the defense dependents' education system
under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.).
(3) A school established under section 2164 of title 10,
United States Code.
(4) A community-based organization serving families with a
family member in the Armed Forces.
(c) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an
application to the Secretary of Defense at such time, in such
manner, and containing such information as the Secretary of
Defense may require. The application shall include a
description of--
[[Page S2177]]
(1) the results of a community wide needs assessment that
describes--
(A) community demographics demonstrating the need for
outreach and services to eligible families with a family
member in the Armed Forces;
(B) the quality, capacity, and existing programs of early
childhood home visitation for eligible families with a family
member in the Armed Forces;
(C) the gaps in programs of early childhood home visitation
for eligible families with a family member in the Armed
Forces; and
(D) the type of program of early childhood home visitation
necessary to address the gaps identified;
(2) the program of early childhood home visitation that
will be supported by the grant under this section;
(3) how the proposed program of early childhood home
visitation will promote positive parenting skills and
children's early learning and development;
(4) how the proposed program of early childhood home
visitation will incorporate the authorized activities
described in subsection (f);
(5) how services provided through a grant under this
section will use materials that are geared toward eligible
families with a family member in the Armed Forces;
(6) how the activities under this section will build on and
promote coordination with existing programs of early
childhood home visitation, if such programs exist in the
community, in an effort to promote an array of home
visitation that ensures more eligible families with a family
member in the Armed Forces are being served and are getting
the most appropriate services to meet their needs;
(7) how the program will ensure that--
(A) eligible families with a family member in the Armed
Forces are linked to schools; and
(B) the activities under this section will support the
preparation of children for school;
(8) how channels of communication will be established
between staff of programs of early childhood home visitation
and staff of other early childhood education programs, such
as Head State programs carried out under the Head Start Act
(42 U.S.C. 9831 et seq.) and Early Health State programs
carried out under section 645A of such Act, preschool
programs, family support programs, and child care programs,
to facilitate the coordination of services for eligible
families with a family member in the Armed Forces;
(9) how eligible families with a family member in the Armed
Forces will be recruited and retained to receive services
under this section;
(10) how training and technical assistance will help staff
of programs of early childhood home visitation involved in
activities under this section to more effectively serve
eligible families with a family member in the Armed Forces;
(11) how the eligible applicant will evaluate the
activities supported under this section in order to
demonstrate outcomes related to the--
(A) increase in number of eligible families with a family
member in the Armed Forces served by programs of early
childhood home visitation;
(B) enhancement of participating parents' knowledge of
early learning and development;
(C) enhancement of positive parenting practices related to
early learning and development; and
(D) enhancement of children's cognitive, language, social-
emotional, and physical development; and
(12) such other information as the Secretary of Defense may
require.
(d) Approval of Local Applications.--
(1) In general.--The Secretary of Defense shall select
applicants for funding under this section based on the
quality of the applications and the recommendations of a peer
review panel, as described in paragraph (2).
(2) Peer review panel.--The peer review panel shall include
not less than--
(A) 2 individuals who are experts in the field of home
visitation;
(B) 2 individuals who are experts in early childhood
development;
(C) 2 individuals who are experts in family support for
military families;
(D) 1 individual who is a board certified pediatrician; and
(E) 1 individual with expertise in administering public or
private (including community-based) child maltreatment
prevention programs; and
(e) Duration of Grants.--Grants made under this section
shall be for a period of no more than 3 years.
(f) Authorized Activities.--Each eligible applicant that
receives a grant under this section shall carry out the
following activities:
(1) Providing to as many eligible families with a family
member in the Armed Forces as practicable, voluntary early
childhood home visitation, on not less frequently than a
monthly basis, through the implementation of quality programs
of early childhood home visitation that are research-based,
that provide parents with--
(A) knowledge of age appropriate child development in
cognitive, language, social-emotional, and motor domains;
(B) knowledge of realistic expectations of age-appropriate
child behaviors;
(C) knowledge of health and wellness issues for children
and parents;
(D) modeling, consulting, and coaching on parenting
practices;
(E) skills to interact with their child to enhance age-
appropriate development;
(F) skills to recognize and seek help for health issues and
developmental delays, and social, emotional, and behavioral
skills; and
(G) activities designed to help parents become full
partners in the education of their children.
(2) Ascertaining what health and development services the
family receives under the program and working with service
providers to eliminate gaps in service by offering annual
health, vision, hearing, and developmental screening for
participating children.
(3) Providing referrals for participating eligible families
with a family member in the Armed Forces, as needed, to
additional resources available in the community, such as
center-based early education programs, child care services,
health or mental health services, family literacy programs,
employment agencies, social services, and child care resource
and referral agencies.
(4) Offering group meetings (at the discretion of the
program), on not less frequently than a monthly basis, for
eligible families with a family member in the Armed Forces
that--
(A) further enhance the information, activities, and skill-
building addressed during home visitation;
(B) offer opportunities for parents to meet with and
support each other; and
(C) address challenges facing eligible families with a
family member in the Armed Forces.
(5) Providing training and technical assistance to early
childhood home visitation and early childhood care and
education staff relating to--
(A) effective service to eligible families with a family
member in the Armed Forces;
(B) effective methods of conducting parent education, home
visiting, and promoting quality early childhood development,
with sensitivity to cultural variations in parenting norms
and attitudes toward formal support services;
(C) the relationship of health and well-being of pregnant
women to prenatal and early child development;
(D) early childhood development with respect to children
from birth until entry into kindergarten;
(E) methods to help parents promote emergent literacy in
their children from birth until entry into kindergarten;
(F) implementing strategies for helping eligible families
with a family member in the Armed Forces coping with crisis;
(G) recruiting, supervising, and retaining qualified staff;
(H) increasing services for underserved eligible families
with a family member in the Armed Forces;
(I) methods to help parents effectively respond to their
children's needs and behaviors; and
(J) implementation of ongoing program quality improvement
and evaluation of activities and outcomes.
(6) Coordinating existing programs of early childhood home
visitation in order to effectively and efficiently meet the
needs of more eligible families with a family member in the
Armed Forces.
(g) Reporting Requirements.--The recipient of a grant under
this section shall submit to the Secretary an annual report
concerning the progress of the program conducted by the
recipient in addressing the purposes of this Act. Each such
report shall, at a minimum, include a description of--
(1) the actual service delivery provided for under the
grant, including--
(A) program characteristics that include descriptive
information on the service model used under the program and
actual program performance;
(B) the characteristics of service providers under the
program that include staff qualifications, work experience,
and demographic characteristics;
(C) the characteristics of recipients of services under the
program that include the number, demographic characteristics,
and family retention under the program; and
(D) an estimate of the annual program implementation costs;
(2) with respect to recipients of services under the
program, whether such services were provided in a manner
consistent with program goals including, where appropriate--
(A) parental practices;
(B) child health and development indicators;
(C) child maltreatment indicators;
(D) school readiness indicators; and
(E) links to community services;
(3) the research-based instruction, materials, and
activities being used in the activities conducted under the
program; and
(4) the effectiveness of the training and ongoing
professional development provided--
(A) to the staff supported under the program; and
(B) to the affected early childhood community.
(h) Supplement Not Supplant.--Grant funds provided under
this section shall be used to supplement, and not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this section.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
the period of fiscal years 2008 through 2010.
[[Page S2178]]
SEC. 8. EVALUATION.
(a) In General.--From funds reserved under section
6(b)(1)(A), the Secretary shall conduct an independent
evaluation of the effectiveness of this Act.
(b) Reports.--
(1) Interim report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit an
interim report on the evaluation conducted pursuant to
subsection (a) to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives.
(2) Final report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit a final
report on the evaluation conducted pursuant to subsection (a)
to the committees described in paragraph (1).
(c) Contents.--The reports submitted under subsection (b)
shall include information on the following:
(1) How the grant funds have expanded access to early
childhood home visitation in a manner that demonstrates that
programs under this Act reflect the quality indicators under
this Act.
(2) How the States are documenting compliance with the
service delivery indicators under this Act across all
entities carrying out programs under this Act with emphasis
on the number of families served and the level of service
received.
(3) How the services provided under State programs affect
outcomes consistent with programs goals, including, where
appropriate based on the program being evaluated, parenting
practices, child health and development, child maltreatment,
school readiness, and links to community services.
(4) The effectiveness of early childhood home visitation on
different populations, including the extent to which
variability exists in program ability to improve outcomes
across programs and populations, such as families with
English language learners and families with a family member
in the Armed Forces.
(5) The effectiveness of the training and technical
assistance activities funded under this Act, including the
effects of training and technical assistance activities on
program performance and agency-level collaboration.
(6) Recommendations on strengthening or modifying this Act.
SEC. 9. SUPPORTING NEW PARENTS THROUGH HOSPITAL EDUCATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
develop and implement a public information and educational
campaign to inform the public and new parents about the
importance of proper care for infants and children under 5
years of age, including healthy parent-child relationships,
the demands and stress associated with caring for infants,
positive responses to infants' challenging behaviors
including awareness of their social, emotional, and physical
needs, awareness of the vulnerability of young children to
abusive practices, and the signs and treatment of post-partum
depression .
(b) Elements.--
(1) In general.--The campaign developed under subsection
(a) shall include the following elements:
(A) The dissemination of educational and informational
materials in print, audio, video, electronic, and other media
(B) The use of public service announcements and
advertisements
(C) The dissemination of effective child abuse prevention
practices and techniques, including information about
research-based home visiting programs, respite care, crisis
nurseries, and patent support networks, to parents,
caregivers, maternity hospitals, children's hospitals,
pediatricians, child care centers, organizations providing
prenatal and postnatal care, and organizations providing
parenting education and support services.
(D) Connection to existing parental involvement programs.
(2) Prevention practices.--In carrying out paragraph (1)(C)
through the campaign under subsection (a), the Secretary
shall ensure that every hospital, military hospital, and
birth center receiving these materials requests that each
maternity patient and father of a newborn child, if
available, participate in a single session parenting class,
that is approved by the Secretary, on the vulnerabilities of
their infant to abusive practices, as well as the importance
of proper care for infants and young children, and the
symptoms of abusive head and other injuries, and strategies
for caring for infants' social, emotional, and physical
needs. After participating in the class, the hospital or
birth center shall request that such patient or father sign a
form stating that they have participated or refused to
participate in the parenting class.
(3) Existing programs.--The implementation and execution of
the public information and educational campaign under this
section should seek collaboration with and referrals to
existing parental involvement programs that specialize in
strengthening children's cognitive skills, early literacy
skills, social or emotional and physical development and
existing prenatal and early childhood home visit programs.
(4) Existing state requirements.--The implementation and
execution of the public information and educational campaign
under this section should encourage the Secretary to work
with pre-existing State requirements to ensure that no
unnecessary burdens are placed on hospitals, military
hospitals, and birth centers receiving educational materials.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section for fiscal year 2008.
______
By Mr. REED (for himself and Mr. Isakson):
S. 668. A bill to require the Food and Drug Administration to conduct
consumer testing to determine the appropriateness of the current
labeling requirements for indoor tanning devices and determine whether
such requirements provide sufficient information to consumers regarding
the risks that the use of such devices pose for the development of
irreversible damage to the skin, including skin cancer, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, today I join Senator Isakson in introducing
the Tanning Accountability and Notification (TAN) Act.
Approximately 1 in 5 Americans will develop skin cancer in their
lifetime. While the decline in cancer deaths reported earlier this year
is an indication that we are starting to turn the corner on our fight
against cancer, approximately 1 million people will be diagnosed with
skin cancer and 10,850 are expected to die in 2007 alone.
There are many factors that contribute to these startling figures. In
recent years efforts have been undertaken by various organizations to
better inform the public about the risk of sun exposure and ways to
decrease the chance of developing skin cancer. One area, however, where
better information is sorely needed is on the use of indoor tanning
salons.
Every day approximately 1 million people visit a tanning salon. It is
a practice particularly popular among teens, the group that seems most
at risk from the effects of indoor tanning. The American Academy of
Dermatology, the Food and Drug Administration, FDA, the National
Institutes of Health, NIH, the Centers for Disease Control and
Prevention, CDC, and the World Health Organization, WHO, all discourage
the use of indoor tanning equipment.
This message and the current information about the risks of indoor
tanning I fear are not being adequately passed on to consumers. The FDA
has not updated its warnings on tanning beds since 1979. Regular users
of indoor tanning beds deserve to be fully informed.
The TAN Act calls upon the FDA to revisit the current label on indoor
tanning beds and determine through a process of public hearings and
consumer testing what kind of labeling requirements would convey
important information on the risks of indoor tanning.
This legislation is not about introducing new regulations but
ensuring that the current FDA regulations remain effective in
communicating accurate, current, and clear information to consumers
about indoor tanning salons.
I look forward to working with my colleagues toward passage of this
bipartisan legislation. I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 668
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tanning Accountability and
Notification Act of 2007''.
SEC. 2. REPORT BY FOOD AND DRUG ADMINISTRATION REGARDING
LABELING INFORMATION ON RELATIONSHIP BETWEEN
USE OF INDOOR TANNING DEVICES AND DEVELOPMENT
OF SKIN CANCER OR OTHER SKIN DAMAGE.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting
through the Commissioner of Food and Drugs, shall determine--
(1) whether the labeling requirements for indoor tanning
devices, including the positioning requirements, provide
sufficient information to consumers regarding the risks that
the use of such devices pose for the development of
irreversible damage to the eyes and skin, including skin
cancer; and
(2)(A) whether adding the warning suggested by the American
Academy of Dermatology to the current warning label, or any
[[Page S2179]]
other additional warning, would communicate the risks of
indoor tanning more effectively; or
(B) whether there is no warning that would be capable of
adequately communicating such risks.
(b) Consumer Testing.--In making the determinations under
subsection (a), the Secretary shall conduct appropriate
consumer testing, using the best available methods for
determining consumer understanding of label warnings.
(c) Public Hearings; Public Comment.--The Secretary shall
hold public hearings and solicit comments from the public in
making the determinations under subsection (a).
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
Congress a report that provides the determinations under
subsection (a). In addition, the Secretary shall include in
the report the measures being implemented by the Secretary to
significantly reduce the risks associated with indoor tanning
devices.
______
By Mr. AKAKA (for himself, Mr. Reid, Mr. Inouye, Mrs. Boxer, Ms.
Cantwell, and Mr. Kennedy):
S. 671. A bill to exempt children of certain Filipino World War II
veterans from the numerical limitations on immigrant visas; to the
Committee on the Judiciary.
Mr. AKAKA. Mr. President. I rise today with my distinguished
colleagues Senators Harry Reid, Daniel Inouye, Barbara Boxer, Maria
Cantwell, and Edward Kennedy to introduce a bill which will award
special immigrant status to the children of naturalized Filipino
veterans who fought in World War II thereby allowing these veterans to
become reunited with their families.
With the passage of the Immigration Act of 1990, the courage of many
Filipino soldiers who fought alongside our troops during World War II
was finally honored and acknowledged by our government and they were
offered the opportunity to obtain U.S. citizenship. However, the Act
did not extend this opportunity to the sons and daughters of these
veterans. As a result, many of the brave men who defended this Nation
may spend the last years of their lives without the comfort and care of
their families.
For over twenty years, many of the sons and daughters of these
soldiers have been waiting to obtain immigrant visas. While some have
been fortunate enough to have their visas approved, other are still
waiting because of a backlog. This is unacceptable. My legislation will
finally allow them to reunite with their elderly parents.
I urge my Senate colleagues to honor the sacrifices of these brave
men by supporting this bill and allowing those who have served our
country so valiantly to have their families by their side for the
remainder of their years.
______
By Mr. SALAZAR (for himself and Mr. Smith):
S. 672. A bill to amend the Internal Revenue Code of 1986 to provide
tax-exempt financing for qualified renewable energy facilities, and for
other purposes; to the Committee on Finance.
______
By Mr. SALAZAR (for himself, Mr. Smith, Mr. Dorgan, and Mr.
Craig):
S. 673. A bill to amend the Internal Revenue Code of 1986 to provide
credits for the installation of wind energy property, including by
rural homeowners, farmers, ranchers, and small businesses, and for
other purposes; to the Committee on Finance.
Mr. SALAZAR. Mr. President, today I am introducing two bills that
will help drive the renewable energy revolution that is currently
underway in our rural communities. The Rural Community Renewable Energy
Bonds Act, which I am introducing with Senator Smith, and the Rural
Wind Energy Development Act, which I am introducing with Senators
Smith, Dorgan and Craig, will help spur much needed private investment
in renewable energy infrastructure in rural areas.
I have spoken countless times about the great possibilities that
rural America holds for our Nation's energy future. I have also
expressed my alarm at how our rising dependence on foreign oil is
undermining our security and our interests around the world.
How do we build a more energy secure economy--one that is less
vulnerable to wild swings in oil prices, political instability, and
supply disruptions? Unfortunately, we don't have the resources in this
country to drill our way to energy independence. We do, however, have
the most productive lands in the world, and the most productive
farmers, ranchers, engineers and entrepreneurs in the world. If we give
them the right tools, they can build a new, clean energy economy that
will rely heavily on biofuels, wind power, solar energy, and
alternative sources.
If you spend time in places like Prowers County or Alamosa County,
you see that a clean energy revolution is already underway in our
heartland. In these rural communities, like so many across the country,
people are banding together to build small biofuels plants, solar
farms, and wind turbines. These projects are already underway, and they
are the seeds for a full-blown clean energy revolution in rural
America.
The farmers, ranchers, and entrepreneurs who are behind these
projects want to be a part of the solution to our Nation's energy
challenges. They also understand that home-grown energy can revitalize
the Main Streets that have been boarded up in the last few years.
The bills I am introducing today provide tools that rural communities
can use to build a renewable energy economy.
The first bill, the Renewable Energy Bonds Act, provides incentives
for investment in wind and other renewable energy projects by giving
private developers access to tax-exempt bond markets.
Currently, the Federal tax code only allows municipal and public
entities access to tax-exempt bond markets for wind and other renewable
energy projects. Private developers, who are more likely to invest in
smaller projects and who are currently responsible for nearly 75
percent of current renewable energy development, are not eligible to
use these federally tax-exempt bonds.
This is unfortunate because these are the same small developers who
don't benefit much from the production tax credit, as their Federal tax
liabilities usually aren't big enough to reap the tax credit's
benefits.
Renewable energy bonds make sense for these small developers and,
because they cost the Federal Government less than the production tax
credit, they also make sense from a fiscal perspective. This bill may
actually save the Government money.
The second bill I am introducing, the Rural Wind Energy Development
Act, would extend the production tax credit to include small wind
systems. We have made great strides in wind development over the last
few years, as evidenced by wind energy's growing availability to
Colorado consumers.
The trouble is that the existing production tax credit only benefits
larger producers that want to build wind farms with million-dollar
turbines. Small businesses, towns, farms, and families aren't given the
same incentive to produce their own renewable power from smaller, more
affordable turbines.
This is unfortunate because the National Renewable Energy Lab in
Golden, Colorado, and others are making great strides in the
development of small wind systems that can be installed on homes and
businesses. The system now available costs around $50,000 for 10kW of
capacity.
That's a steep investment for any family or any business. But our
bill, by providing a tax incentive for their purchase, would not only
reduce the cost, but it would create more market certainty for
manufacturers of small wind systems. With more systems in production,
costs will fall further and small wind will be a real option for more
people.
The bill is simple: it creates a five year tax credit of $1500 per
half-kW. There is no cap for the purchase and installation of small
wind systems, so long as they are smaller than 100kW. It will put more
small wind systems on the market and it will give consumers more
choices of how to power their homes and businesses.
I'm proud to introduce these bills with my colleagues because they
represent two more building blocks for a new, clean energy economy and
because they will help revitalize a rural America that has been
forgotten for too long.
I hope we can move these straightforward, bipartisan solutions
through as quickly as possible.
______
By Mr. HARKIN (for himself, Mr. Grassley, Mr. Cochran, Mr.
[[Page S2180]]
Dodd, Mr. Durbin, Mr. Kerry, Mr. Kohl, Mrs. Murray, Mr.
Rockefeller, Ms. Snowe, and Ms. Stabenow):
S. 675. A bill to provide competitive grants for training court
reporters and closed captioners to meet requirements for realtime
writers under the Telecommunications Act of 1996, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mr. HARKIN. Mr. President, today I am introducing legislation, the
Training for Realtime Writers Act of 2007, on behalf of myself and my
colleagues, Senators Grassley, Cochran, Dodd, Durbin, Kerry, Kohl,
Murray, Rockefeller, Snowe and Stabenow.
The 1996 Telecom Act required that all television broadcasts were to
be captioned by 2006 and all Spanish language programming was to be
captioned by 2010. This was a much needed reform that has helped
millions of deaf and hard-of-hearing Americans to be able to take full
advantage of television programming. And now the first deadline has
passed. On January 1, the Federal Communications Commission (FCC) began
fining stations for not captioning.
Unfortunately, the United States has fallen behind in training
captioners. We must jump start training programs to supply captioning
for the many broadcasters just realizing their obligation now. And
looking forward, we need to get students in the pipeline now to begin
to address the need for Spanish language broadcasting.
This is an issue that I feel very strongly about because my late
brother, Frank, was deaf. I know personally that access to culture,
news, and other media was important to him and to others in achieving a
better quality of life. More than 30 million Americans are considered
deaf or hard of hearing and many require captioning services to
participate in mainstream activities. In 1990, I authored legislation
that required all television sets to be equipped with a computer chip
to decode closed captioning. This bill completes the promise of that
technology, affording deaf and hard of hearing Americans the same
equality and access that captioning provides.
With baby boomers aging, the percentage of the population with
hearing loss is increasing dramatically and will continue to outpace
population growth for the next decade. But let me emphasize that the
deaf and hard of hearing population is only one of a number of groups
that will benefit from the legislation. The audience for captioning
also includes individuals seeking to acquire or improve literacy
skills, including approximately functionally illiterate adults,
immigrants learning English as a second language, and children learning
to read. Empirical research studies have been conducted repeatedly
since 1988 to demonstrate that captions improve the performance of
individuals learning to read English.
I see people using closed captioning to stay informed everywhere--
from the gym to the airport. Here in the Senate, I would wager that
many individuals on our staff have the captioning turned on right now
to follow what is happening on the Senate floor while they go about
conducting the meetings and phone calls that advance legislation.
Captioning helps people educate themselves and helps all of us stay
informed and entertained when audio isn't the most appropriate medium.
Although the 2006 deadline has passed, our nation is facing a serious
shortage of captioners. The rate of job placement upon graduation nears
100 percent. In addition, the majority of closed captioners are
independent contractors. They are the small businesses that run the
American economy and we should do everything we can to promote the
creation and support of those businesses.
That is why my colleagues and I are re-introducing this vital piece
of legislation. The Training for Realtime Writers Act of 2007 would
establish competitive grants to be used toward training real time
captioners. This is necessary to ensure that we meet the promises we
made in the 1996 Telecom Act.
The Senate Commerce Committee reported this bill unanimously in the
last two sessions, the full Senate has passed this Act without
objection three times now, and we stand here today, once again at the
beginning of the process. I am hopeful that this will be the Congress
moves our country forward on this accessibility issue. I ask my
colleagues to join us once again in support of this legislation and
join us in our effort to win its passage into law.
____________________